Common use of Access Easement Clause in Contracts

Access Easement. In addition to the Permanent Easement and Temporary Easement (as defined below), Grantor hereby grants to Grantee, its successors and assigns forever, a non-exclusive, perpetual easement over and across the Property (the “Access Easement”) as more particularly described and depicted on Exhibit C attached hereto and incorporated herein (the “Access Property”), solely for purposes of ingress and egress to and from the PE Property and/or the TCE Property (as defined below) by means of dirt or paved roads, lanes and pathways thereon, if existing (collectively, the “Existing Roads”), or otherwise by such route or routes as Grantee may, upon completion of the requirements contained in Section 6, construct or improve from time to time for the purposes permitted hereunder, as a matter of right but not of obligation, for use by Grantor, the Grantor Parties, Grantee and, at Grantee’s sole discretion, each of the other Grantee Parties (collectively, the “New Roads”). Grantor retains the right to amend the Access Easement by modifying and/or relocating the Access Property provided that (i) any such modification and/or relocation of the Access Property provides Grantee with access to the same Temporary Easement and/or Permanent Easement, as applicable, previously served by such Access Easement, and in substantially the same height and width, as Grantee enjoyed prior to any such modification and/or relocation reasonably sufficient for purposes of ingress and egress, at no additional cost or expense to Grantee, (ii) Grantor shall complete, at its sole cost and expense, a survey of the Access Property as modified and/or relocated and shall record in the real property records of the Office of the Clerk and Recorder of Xxxxx County, Colorado an updated Exhibit C containing the legal description of the Access Property, which shall replace and supersede for all purposes Exhibit C attached to this Agreement, and (iii) Grantor shall provide Grantee at least thirty (30) days prior written notice before making any such amendment to the Access Easement, and shall consult and work with Grantee in connection with the preparation with the updated Exhibit C.

Access Easement. In addition to the Permanent Easement and Temporary Easement (as defined below), Grantor District hereby grants and conveys to GranteeLAFC for the benefit of the LAFC Parcel and its Permittees a perpetual, its successors and assigns forever, a non-exclusive, perpetual exclusive easement over and across the Property (the “Access Easement”) as more particularly described and depicted on Exhibit C attached hereto and incorporated herein (the “Access Property”), solely for purposes of ingress and egress by vehicular traffic (but not for parking) upon, over and across the roadways and driveways located from time to time on the District Parcel within Exposition Park, including over all of the District Roadways to provide access within Exposition Park and to and from the PE Property and/or LAFC Parcel and all Adjacent Public Roads and for no other purpose. District hereby reserves the TCE Property following rights: (as defined belowi) by means of dirt or paved roads, lanes and pathways thereon, if existing (collectively, the “Existing Roads”), or otherwise by such route or routes as Grantee may, upon completion of right to relocate the requirements contained in Section 6, construct or improve District Roadways from time to time provided that any such relocation (A) shall be performed only after at least sixty (60) days’ prior written notice of District’s intention to undertake such relocation shall have been given to LAFC, (B) shall not unreasonably interfere with the use of the access easement granted in this Section 2.1(a) for the purposes permitted hereunderprovided herein, as a matter of right but (C) shall not of obligation, for use by Grantor, reduce or unreasonably impair the Grantor Parties, Grantee and, at Grantee’s sole discretion, each usefulness or function of the other Grantee Parties access easement granted in this Section 2.1(a), including the ingress and egress rights to and from Adjacent Public Roads (collectively, the “New Roads”). Grantor retains the right to amend the Access Easement by modifying and/or relocating the Access Property provided that (iD) any such modification and/or relocation of the Access Property provides Grantee with shall provide reasonably equivalent access to the same Temporary Easement and/or Permanent Easement, LAFC Premises as applicable, previously served by such Access Easement, and in substantially the same height and width, as Grantee enjoyed existed prior to any such modification and/or relocation reasonably sufficient for purposes of ingress and egressrelocation, at no additional (E) shall be performed without cost or expense to GranteeLAFC, (F) shall not require any relocation of any Improvements on the LAFC Parcel, including any driveways, curb cuts, parking areas or dock and loading facilities, (G) shall be contiguous to and connect to the driveways and curb cuts located on the LAFC Parcel at grade without any gaps, gores or elevation discrepancies or issues, (H) shall be completed using materials and design standards which equal or exceed those originally used, and (I) shall have been approved by all applicable Governmental Authorities to the extent required; and (ii) the right to temporarily close-off District Roadways (i) for such reasonable period of time as may be legally necessary, in the opinion of District’s counsel, to prevent the acquisition of prescriptive rights by anyone, (ii) Grantor shall completeto perform required maintenance or repairs, at its sole cost and expense, a survey of the Access Property as modified and/or relocated and shall record in the real property records of the Office of the Clerk and Recorder of Xxxxx County, Colorado an updated Exhibit C containing the legal description of the Access Property, which shall replace and supersede for all purposes Exhibit C attached to this Agreement, and or (iii) Grantor as the Park Manager may reasonably determine to be necessary to accommodate events in Exposition Park; provided, however, that prior to closing-off any portion of the District Roadways, the Park Manager shall provide Grantee at least thirty (30) days prior give written notice before making to LAFC or any such amendment other affected party of its intention to the Access Easementdo so, and shall consult and work attempt to coordinate such temporary closure with Grantee in connection each affected party so that no unreasonable interference with the preparation with the updated Exhibit C.passage of pedestrians or vehicles will occur.

Access Easement. In addition Grantors hereby grant and convey to the Permanent Easement Grantors, Grantee and Temporary Easement (as defined below), Grantor hereby grants to Grantee, its successors and assigns forever, NRCS a non-exclusive, perpetual exclusive easement (the "Access Easement") over and across the Property (XX feet in width in the “Access Easement”) as more particularly described and depicted location shown on Exhibit C the plat attached hereto as Exhibit A for the purpose of pedestrian and incorporated herein (the “Access Property”), solely for purposes of vehicular ingress to and egress from WV Route XXX to the Property. The Access Easement constitutes a covenant running with the land and shall bind every person or entity having any fee, leasehold or other interest in any portion of the Property. TO HAVE AND TO HOLD this Easement hereunto the Grantee, the United States, and their successors and assigns forever DECLARATION OF CONSIDERATION OF VALUE. The undersigned hereby declare under penalty of fine and imprisonment as provided by law, that the conveyance made by this document is a transfer of property right to Federal, state and county governmental entities, and therefore, is exempt from the PE Property and/or West Virginia excise tax due on the TCE Property (as defined below) transfer of real property. IN WITNESS WHEREOF Xxxxxxxx and Grantee have set their hand: GRANTOR: Signature Date GRANTEES: YOUR County Farmland Protection Board Signature Date STATE OF WEST VIRGINIA COUNTY OF YOUR, to-wit: The foregoing instrument was acknowledged before me this day of , by means LANDOWNER NAME. My commission expires: Notary Public STATE OF WEST VIRGINIA COUNTY OF __________________, to-wit: The foregoing instrument was acknowledged before me this day of dirt or paved roads, lanes by My commission expires: Notary Public STATE OF WEST VIRGINIA COUNTY OF______________, to-wit: The foregoing instrument was acknowledged before me this day of , by ________________, Chairman on behalf of the YCFPB. My commission expires: Notary Public CONSERVATION SERVICE The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and pathways thereonapproves the foregoing conservation easement deed, if existing (collectivelyand the rights conveyed therein, on behalf of the United States of America. ______________________________ Printed Name: Authorized Signatory for the NRCS STATE OF WEST VIRGINIA COUNTY OF ______________ On this _______day of _____________ , before me, the “Existing Roads”)undersigned, a Notary Public in and for the State, personally appeared ________________________, known or otherwise proved to me to be the person whose signature appears above, and who being duly sworn by such route or routes as Grantee mayme, upon completion did say that s/he is the __________________________ (title) of the requirements contained in Section 6Natural Resources Conservation Service, construct or improve from time United States Department of Agriculture, is authorized to time sign on behalf of the agency, and acknowledged and accepted the rights conveyed by the deed to be her/his voluntary act and deed. In witness whereof, I have hereunto set my hand and official seal the day and year first above written. ______________________ Notary Public for the purposes permitted hereunder, as a matter State of____________ Residing at___________________ My Commission Expires____________________ A. Legal Description of right but not of obligation, for use by Grantor, the Grantor Parties, Grantee and, at Grantee’s sole discretion, each of the other Grantee Parties (collectively, the “New Roads”Property Subject to Easement B. Residential Dwelling(s). Grantor retains the right to amend the Access Easement by modifying and/or relocating the Access Property provided that (i) any such modification and/or relocation of the Access Property provides Grantee with access to the same Temporary Easement and/or Permanent Easement, as applicable, previously served by such Access Easement, and in substantially the same height and width, as Grantee enjoyed prior to any such modification and/or relocation reasonably sufficient for purposes of ingress and egress, at no additional cost or expense to Grantee, (ii) Grantor shall complete, at its sole cost and expense, a survey of the Access Property as modified and/or relocated and shall record in the real property records of the Office of the Clerk and Recorder of Xxxxx County, Colorado an updated Exhibit C containing the legal description of the Access Property, which shall replace and supersede for all purposes Exhibit C attached to this Agreement, and (iii) Grantor shall provide Grantee at least thirty (30) days prior written notice before making any such amendment to the Access Easement, and shall consult and work with Grantee in connection with the preparation with the updated Exhibit C.

Access Easement. In addition County, with respect to its fee simple ownership of the Permanent Easement Galaxy FBO Tract, and Temporary Easement (as defined below)BFV, Grantor hereby grants with respect to Granteeits leasehold interest in the Galaxy FBO Tract, GRANT, SELL, and CONVEY to County, with respect to its fee simple ownership of the BFV Hangar Tract, and BFV, with respect to its leasehold interest in the BFV Hangar Tract, and their respective successors and assigns foreverassigns, a non-exclusive, perpetual perpetual, thirty foot (30’)- wide easement over and across the Property (the “Access Easement”) as more particularly described for vehicular and depicted on Exhibit C attached hereto pedestrian ingress and incorporated herein egress between the BFV Hangar Tract and Hawthorne Drive, and for the construction, maintenance, repair, and replacement of an access drive, paving, curbing, and related access drive improvements (together, the “Access PropertyImprovements”), solely upon, under, over, across, and through the Galaxy FBO Tract, with the location of the Access Easement to be mutually agreed upon by the parties, in each such party’s reasonable discretion. The parties acknowledge and agree that there is an access drive located on the Galaxy FBO Tract on the Effective Date, and the Access Easement shall be located across such access drive to the extent such access drive can reasonably be used for purposes of ingress and egress to and from the PE Property and/or the TCE Property (as defined below) such purposes. Promptly after written request by means of dirt or paved roads, lanes and pathways thereon, if existing (collectivelyany Owner, the “Existing Roads”), or otherwise by such route or routes as Grantee may, upon completion Owners shall execute and record an instrument specifying the exact location of the requirements contained in Section 6Access Easement. The Access Easement shall be for the benefit of and appurtenant to the BFV Hangar Tract and BFV’s leasehold interest under the BFV Hangar Lease. During the term of the BFV Hangar Lease, construct or improve from time BFV shall have the right to time permit its subtenants, employees, guests, licensees, contractors, agents, and invitees to use the Access Easement for the purposes permitted hereunderstated above, as a matter according to the terms and conditions of right but not of obligation, for use by Grantor, this Agreement. After the Grantor Parties, Grantee and, at Grantee’s sole discretion, each term of the other Grantee Parties (collectivelyBFV Hangar Lease has expired or been terminated, the “New Roads”). Grantor retains County shall have the right to amend permit its tenants, subtenants, employees, guests, licensees, contractors, agents, and invitees related to or utilizing the BFV Hangar Tract to use the Access Easement by modifying and/or relocating for the Access Property provided that (i) any such modification and/or relocation of the Access Property provides Grantee with access purposes stated above, according to the same Temporary Easement and/or Permanent Easement, as applicable, previously served by such Access Easement, terms and in substantially the same height and width, as Grantee enjoyed prior to any such modification and/or relocation reasonably sufficient for purposes conditions of ingress and egress, at no additional cost or expense to Grantee, (ii) Grantor shall complete, at its sole cost and expense, a survey of the Access Property as modified and/or relocated and shall record in the real property records of the Office of the Clerk and Recorder of Xxxxx County, Colorado an updated Exhibit C containing the legal description of the Access Property, which shall replace and supersede for all purposes Exhibit C attached to this Agreement, and (iii) Grantor shall provide Grantee at least thirty (30) days prior written notice before making any such amendment to the Access Easement, and shall consult and work with Grantee in connection with the preparation with the updated Exhibit C..